Davis DefenseCriminal Defense • Minnesota

Minnesota Assault Defense Attorney

Accused of assault? Get clarity, strategy, and a proven defense on your side.

Attorney Andrew Davis

Understanding Minnesota Assault Charges

Minnesota assault laws are complex, and charges often don’t match the reality of what happened. People are frequently overcharged, charged based on incomplete information, or charged after acting in self-defense. Andrew breaks down the exact degree of assault you are facing, explains the possible outcomes, and begins building a defense strategy based on facts, not assumptions.

Understanding Minnesota Assault Charges

Degrees of Assault in Minnesota

Minnesota has five degrees of assault, ranging from misdemeanors to serious felonies. Here’s what each level means:

  • Fifth-Degree Assault (§ 609.224): Intent to cause fear or bodily harm; misdemeanor; up to 90 days in jail.
  • Fourth-Degree Assault (§ 609.2231): Assault against police, firefighters, medical staff, DNR officers, and other protected workers; gross misdemeanor or felony.
  • Third-Degree Assault (§ 609.223): Substantial bodily harm; felony; up to 5 years in prison.
  • Second-Degree Assault (§ 609.222): Assault with a dangerous weapon; felony; up to 7 years in prison.
  • First-Degree Assault (§ 609.221): Great bodily harm or deadly force used against a police officer; felony; up to 20 years in prison.

Domestic Assault & No-Contact Orders

A heated argument that escalates or is misinterpreted can quickly turn into a domestic assault charge. Police often make automatic arrests to separate people, even when the situation is unclear. No-contact orders can keep you out of your home, prevent you from seeing family, and restrict firearm access especially important for military and law enforcement personnel. Andrew helps clients fight these orders, request modifications, and challenge the underlying accusations.

Common Defense Strategies

Common Defense Strategies

Every assault case is unique, and the right strategy depends on a deep understanding of the facts. Andrew examines every detail witness statements, medical reports, body-cam footage, and police conduct to identify strong defense angles, including:

  • Self-defense or defense of another
  • Defense of property
  • False accusations or exaggeration
  • Mutual combat
  • Insufficient evidence
  • Mistaken identity
  • Violation of your constitutional rights

What to Expect After an Assault Charge

Assault cases move fast. Here’s what the process usually looks like:

  1. Immediate arrest and possible no-contact order
  2. Reviewing the complaint and understanding the charges
  3. Collecting evidence and identifying defense strategy
  4. Negotiations, motions, or preparing for trial
  5. Working toward the best possible outcome reduction, dismissal, or acquittal

Minnesota Assault Defense FAQ

What is the difference between assault and domestic assault?

Domestic assault involves family or household members, which often results in immediate arrest and automatic no-contact orders. Though the legal elements are similar, domestic cases carry additional restrictions that impact home life, employment, and firearm rights.

What penalties could I face?

Penalties depend on the degree of assault. Fifth-degree assault (misdemeanor) carries up to 90 days in jail, while first-degree assault (felony) can result in up to 20 years in prison. The severity hinges on the level of harm, the use of a weapon, and the status of the alleged victim.

What if I acted in self-defense?

Self-defense is one of the most common and strongest defenses to assault charges. If you reasonably believed harm was coming to you or someone else, your actions may be legally justified. Andrew will evaluate all evidence to determine whether self-defense applies.

How does a no-contact order work?

A no-contact order prohibits any communication with the protected person. Only a judge can lift the order even if the other person invites contact. Any violation can lead to additional criminal charges.

Should I talk to police before hiring a lawyer?

No. Assault cases are highly emotional, and statements can easily be misinterpreted. Always speak with a lawyer before giving any statement to police.

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